Judiciary’s political record in the spotlight as Pakistan heads down rocky road to elections

Lawyers, some of them look on television screen, displaying the live broadcast of the proceeding from the Supreme Court of Pakistan, at the Sindh High Court Bar Association in Karachi, Pakistan September 18, 2023. (REUTERS/File)
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Updated 16 January 2024
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Judiciary’s political record in the spotlight as Pakistan heads down rocky road to elections

  • Supreme Court has history of adjudicating election disputes, interpreting election laws, disqualifying politicians from office
  • Top court famously created “the doctrine of necessity” in 1954 to justify Pakistan’s first application of martial law

ISLAMABAD: As Pakistan gears up for general elections next month, the superior judiciary’s role in political affairs has come under the spotlight, with both political leaders and legal experts criticizing top judges for taking a “partisan” approach in arbitrating political disputes both in the past and the present.

The Supreme Court is a key power holder in Pakistan, with a history of adjudicating election disputes, interpreting constitutional provisions related to elections, and disqualifying politicians, including prime ministers, from holding public office.

The judiciary’s imprints on politics and policymaking are wide, with top judges known to challenge, limit and collaborate with both elected and unelected centers of power and political and military leaders widely seen as co-opting and even controlling judges to align the judiciary’s interests with their own. In Pakistani politics, there is a “troika” of power between the prime minister, the army chief and the chief justice, with shifting alignments and conflicts between the three officeholders often determining the very contours of national politics.

“The worldwide phenomenon known as the judicialization of politics extends beyond political realms and notably, in Pakistan, this trend gained prominence, particularly since 2009,” legal expert Usama Khawar told Arab News.

“The judiciary’s role in pivotal decisions, such as determining eligibility for elections, has significantly increased. Many issues that would traditionally be political disputes resolved in the political arena, streets, or at the ballot box are now being adjudicated in courts.”




A man walks past the Pakistan's Supreme Court building in Islamabad, Pakistan, on January 12, 2024. (AFP)

Indeed, the Supreme Court’s political record is almost as old as Pakistan itself, born in 1947 after the end of British rule over united India.

The court famously created “the doctrine of necessity” in 1954 to justify Pakistan’s first application of martial law, after which it used the principle to legalize each one of the country’s three military coups in 1958, 1977 and 1999. The judiciary has also been seen as playing handmaiden to military rulers in other ways, most famously by hanging Zulfikar Ali Bhutto, a former prime minister, in 1979 in what is still considered one of the most controversial legal judgments in Pakistani history.

In June 2012, the Supreme Court convicted and disqualified Prime Minister Yousaf Raza Gilani of the Pakistan People’s Party for contempt. In July 2017 the top court invoked corruption charges to remove three-time Prime Minister Nawaz Sharif from office, and later also disqualified him from heading his Pakistan Muslim League-Nawaz (PML-N) party ahead of July 2018 elections.

As Pakistan approaches polls on Feb. 8, the judiciary is once again in the eye of the political storm.

Last week, the Supreme Court ruled in favor of the Election Commission’s (ECP) decision to strip the country’s most popular political party, the Pakistan Tehreek-e-Insaf (PTI), of its election symbol, the cricket bat. The verdict has been widely criticized by supporters of jailed PTI founder and ex-PM Imran Khan as well as independent analysts, who say the top court is toeing the line of the powerful military establishment which is accused of trying to sideline Khan and his party from the polls. The army says it does not interfere in political affairs.

In the same breath, the Supreme Court recently also overturned a law that barred politicians with past convictions from seeking political office, a move that has paved the way for Sharif to run in the upcoming parliamentary elections. Khan’s main rival, Sharif has been cleared of most court cases as well as a lifetime ban to contest polls, and analysts say he appears to be the front runner for the February polls and has the military’s support — an advantage in a country where army generals have had an outsized role in the making and breaking of governments. The army says it is apolitical.

“The judiciary’s recent role is not fair,” PTI spokesperson Shoaib Shaheen told Arab News, commenting on the SC verdict on the party symbol as well as legal cases against Khan. “When the judiciary fails to meet expectations and remains partisan, anger arises, undermining the rule of law.”

A party’s electoral symbol on ballot papers is significant for voters to be able to identify its candidates in the South Asian nation of 241 million people, where a large number of constituencies are in rural areas with low literacy. Stripped of the bat, PTI candidates will need to contest on individual symbols, which could confuse its voters, the party fears, as it already faces an unprecedented crackdown on political activities.

“POLITICALLY MOTIVATED”

The PTI’s issues with the judiciary stem from dozens of cases filed against Khan since he was ousted from office in a parliamentary no-trust vote in April 2022 that he says was orchestrated by the military and his political rivals at the behest of the United States. All three deny the charge. Khan was convicted last August in one case involving the sale of state gifts while he was PM, for which he is serving a three-year sentence. He also faces a slew of other charges ranging from attempted murder to treason and corruption and terrorism.

The party has faced a widening crackdown since May 9 last year, when Khan’s supporters damaged government and military properties in nationwide street protests that the former PM and top leaders of his party are accused of masterminding. Thousands of Khan’s followers were arrested after the protests and dozens of members of his party, including some of his closest and oldest aides, deserted him. Khan’s party, already at odds with powerful army generals by the end of his tenure as PM, has since May been grappling with what independent analysts have called a military-backed crackdown that has gathered pace ahead of the Feb. 8 vote. The army and the government say they are only prosecuting PTI leaders and supporters who were involved in the May 9 violence, particularly the destruction of army properties. 

The PTI alleges the military is attempting to keep it out of the election race, a charge the army denies, and candidates from his party complain of being denied a level playing field and the right to freely campaign. His party members have accused state authorities of intimidation, harassment and unwarranted arrests and said the judiciary has looked the other way.

Referring to the crackdown and Khan’s imprisonment, Shaheen called for a “proactive judiciary” that intervened when human rights and the law were being violated. In the past the PTI itself invited courts to review the judgment on the no-confidence vote, proceed on corruption charges against rival politicians, challenge the electoral commission, facilitate new elections, investigate Khan’s allegations of a foreign conspiracy to oust him, and ensure Khan’s paty could hold protests and sit-ins in the capital city unencumbered.

“The wrongful imprisonment of Imran Khan underscores concerns about compromised judges and discriminatory decisions, affecting the overall fairness of the judiciary,” the PTI spokesperson added.




Former Pakistani Prime Minister Imran Khan pauses as he speaks with Reuters during an interview, in Lahore, Pakistan on March 17, 2023. (REUTERS/File)

Even the PTI’s main rival party, the PMLN, admitted to the judiciary’s “politically motivated” verdicts.

“At times, the judiciary has rewritten the constitution through its decisions, a power reserved for parliament,” Mohsin Shahnawaz Ranjha, a member of the PML-N legal team, told Arab News.

“[Nawaz] Sharif’s -2017] disqualification [from office], conviction in politically motivated cases without following legally admissible evidence showed the judiciary was not acting as per law,” Ranjha added.

The judiciary’s role in the run up of the 2018 elections was also “questionable,” legal expert Khawar said.

“There were widespread allegations of the judiciary’s partisanship and witch-hunting of one political party [PML-N] before and after the 2018 election,” Khawar told Arab News, saying Sharif, a thrice-elected premier, was ousted on “flimsy charges” while an implementation bench of the apex court was formed to ensure he was convicted.

“Now in 2024, the PTI and Khan are also leveling serious allegations against the [military] establishment and accusing the judiciary of facilitating the PTI’s persecution,” Khawar added.




Pakistan's former Prime Minister Nawaz Sharif (R) stands beside his daughter Maryam Nawaz (L) as he waves to their supporters along with his brother and former Prime Minister Shehbaz Sharif (back) gathered at a park during an event held to welcome him in Lahore on October 21, 2023. (AFP/File)

“PRIMARY HOPE”

But there are many who commend the senior judiciary for its role in ensuring the latest general election, delayed since November, would be held in February.

After months of uncertainty over the election date, the Election Commission said in November it would hold general polls on Feb. 8 after a consultation with President Arif Alvi that was ordered by the Supreme Court in fulfillment of a constitutional requirement. On Dec. 15, the ECP issued the full schedule for general elections, again after the top court ordered the regulator to issue the plan the same day.

“Recently, the Supreme Court has taken proactive steps by ordering timely elections, ensuring adherence to constitutional timelines,” legal expert Barrister Shabbir Shah, who is affiliated with the Pakistan Peoples Party (PPP), one of the country’s main political parties, told Arab News.

“Currently, our judiciary remains the primary hope for ensuring elections take place.”

But legal experts like Khawar warn that the top court’s interference in political matters threatens the credibility of the higher judiciary and leads to in-fighting.

“Political disputes are routinely brought to courts, either proactively by superior courts or compelled by competing political parties and this heightened involvement has led to the polarization of the judiciary, as political disputes inherently foster division,” he said. “In the long run, this jeopardizes the judiciary’s credibility and erodes public confidence in it as a neutral and impartial institution.”

The effectiveness of the judiciary’s decisions hinged on its credibility and moral authority while accusations of collaboration between senior judges and non-elected power entities ultimately undermined the judiciary’s credibility and independence, Khawar added:

“A widespread perception among the people that the judiciary is partisan harms its credibility, independence, and public trust in the system. Therefore, the judiciary should strive to act impartially, avoiding the appearance of supporting one party over another, especially in political disputes.”


Marathon polo tournament draws huge crowds in Pakistan’s picturesque north

Updated 6 sec ago
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Marathon polo tournament draws huge crowds in Pakistan’s picturesque north

  • Ten-day tournament played among 17 teams of Gilgit-Baltistan as part of independence day celebrations 
  • GB Independence Day celebrated on Nov. 1 every year to mark region’s independence in 1947 from Dogra Raj

KHAPLU, Gilgit-Baltistan: Large crowds have been gathering daily in the northern mountain town of Gilgit for a 10-day polo tournament being held to mark Gilgit-Baltistan’s Independence Day, the military’s media wing and government officials said on Thursday, the last day of the event. 
GB is administered by Pakistan as an administrative territory and consists of the northern portion of the larger Kashmir region, which has been the subject of a dispute between India and Pakistan since 1947. The impoverished, remote and rugged mountainous territory borders Afghanistan and China and is the gateway of the $65 billion China-Pakistan Economic Corridor (CPEC) infrastructure plan. 
The Gilgit-Baltistan Independence Day is celebrated on Nov. 1 every year to mark the region’s independence in 1947 from Dogra Raj, the erstwhile rulers of the now disputed Jammu and Kashmir region.
“The big event of Jashan Azadi Polo Tournament was held at Wahab Shaheed Polo Ground in Gilgit, a remote area of the northern region under the management of Pak Army,” the military’s media wing said in a statement, saying Force Command Northern Areas, Maj. Gen. Syed Imtiaz Hussain Gillani, was the chief guest at the closing ceremony of the event in which 17 teams participated.
“The final match was won by Chilas in civil and NLI teams in departmental categories respectively,” the statement added. 
Gilgit-Baltistan is also known for the annual polo festival at Shandur, an area between the northern Pakistani towns of Gilgit and Chitral, and at over 12,000 feet (3,700 meters) the world’s highest polo ground. 
Polo in GB is played without rules and at a blistering pace, suggesting more of a clash of cavalry than a sport. Locals believe polo was born in their land and Gilgit is home to the famous polo inscription: “Let other people play at other things, the King of Games is still the Game of Kings.”
Faizullah Faraq, the spokesperson for the G-B government, said thousands had come to watch the matches and celebrate the Gilgit-Baltistan Independence Day.
“Polo is the national game of Gilgit-Baltistan. And thousands of people reached Gilgit’s playground to watch the polo matches daily,” he told Arab News on Thursday. 
“Such kinds of activities unite the youth and they play their role to create harmony in the society. The promotion of polo is a need of time to maintain peace in society.”
Afrad Gul, the team captain of the winning Chilas team, appreciated locals who supported the tournament. 
“I have been playing polo for the last 15 years, my son was also part of my team,” Gul said in a phone interview. “We have left no stone unturned to keep this regional game alive.”


Pakistan government slams Imran Khan’s wife for using Saudi Arabia for ‘political point scoring’

Updated 7 min 38 sec ago
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Pakistan government slams Imran Khan’s wife for using Saudi Arabia for ‘political point scoring’

  • Deputy foreign minister urges political forces to desist from compromising Pakistan’s foreign policy for political objectives
  • Khan has been in prison since August last year and facing a slew of legal challenges which he says are politically motivated

ISLAMABAD: The Pakistan government on Friday rejected comments by Bushra Bibi, the wife of jailed former Prime Minister Imran Khan, that Saudi Arabia had been opposed to her husband’s government, calling on political forces to desist from compromising the country’s foreign policy for the sake of “petty” political point scoring. 
In a rare public message on Thursday, Bushra assured state institutions Khan had no plans to seek revenge from opponents if he was freed from jail, as she rallied supporters to join a protest planned by Khan’s Pakistan Tehreek-e-Insaf (PTI) in Islamabad on Nov. 24. In the message, she also made remarks that were widely seen as implying that the Saudi government had been opposed to Khan. 
“Implicating Saudi Arabia for petty political point scoring is regrettable and indicative of a desperate mindset,” Pakistan’s deputy Prime Minister Ishaq Dar said in a statement after Bushra’s video was released. “We urge all political forces to desist from compromising Pakistan’s foreign policy in pursuance of their political objectives.”
“Pakistan and the Kingdom of Saudi Arabia are close friends and brothers. This relationship is based on mutual respect,” Dar added. “We have great admiration for Saudi Arabia’s journey of development and prosperity. The Pakistani nation is proud of its close relationship with Saudi Arabia which has always stood by Pakistan through thick and thin.”
After his ouster from the PM’s office in a parliamentary vote of no-confidence in 2022, Khan had also alleged that he was removed by his political rivals and the all-powerful military with the backing of the United States government. All three deny the charge. 
Khan has been in prison since August last year and facing a slew of legal challenges. He denies any wrongdoing, and alleges all the cases registered against him are politically motivated to keep him in jail.


Pakistan telecom regulator affirms support for ‘positive use’ as VPN ban deadline looms

Updated 54 min 53 sec ago
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Pakistan telecom regulator affirms support for ‘positive use’ as VPN ban deadline looms

  • PTA says businesses can use VPNs by registering with government but unregistered VPNs will be blocked after Nov. 30
  • Rights activists say government wants to block vital tools that allow users to bypass restrictions amid digital crackdown

ISLAMABAD: The chairman of the Pakistan Telecommunication Authority (PTA), Major General (r) Hafeezur Rehman, said this week the body would facilitate the “positive use” of virtual private network (VPN) services even as the government was determined to move ahead with plans to block unregistered VPNs by the end of this month.
The PTA says businesses and freelancers can continue to legally use VPNs by registering with the government, but unregistered VPNs will be blocked in Pakistan after Nov. 30. Authorities say the measures are meant to deter militants and other suspects who use VPNs to conceal their identities and spread “anti-state propaganda” and promote “blasphemous” or other illegal content online.
Digital rights activists say the move is part of government attempts to block vital tools that allow users to bypass restrictions amid a wave of digital crackdowns, particularly since the use of VPNs has sharply risen in Pakistan since February this year when the government banned X. 
The federal government is also moving to implement a nationwide firewall to block malicious content, protect government networks from attacks, and allow the government to identify IP addresses associated with what it calls “anti-state propaganda” and terror attacks. Internet speeds have dropped by up to 30-40 percent over the past few months due to the firewall, according to the Wireless and Internet Service Providers Association of Pakistan (WISPAP).
“We don’t say to block the VPNs but to regulate the VPNs,” the PTA chairman said on Thursday during an address at Youth Safety Summit Pakistan, jointly organized by TikTok and the PTA.
“If somebody needs VPN for the business purposes, for some positive use, nobody will stop him, let me reassure you, we will facilitate him.”
Rehman said the authority issued its first letter for VPN registration back in December 2010.
“It is now 15 years,” he said. “We have been pushing people to please register with us so that their business is not disturbed.”
The PTA chairman urged TikTok and other social media platforms to use artificial intelligence tools to “block anti-state and blasphemous content.”
“This summit marks a significant step in our mission to secure a safe and inclusive digital environment for Pakistan’s youth,” Rehman said. “PTA remains steadfast in its efforts to implement innovative measures that protect children online and promote a digitally responsible society.”
Emir Gelen, the director of government relations and public policy at TikTok for the Middle East, Turkiye, Africa, Pakistan and South Asia, reaffirmed TikTok’s commitment to online safety at the summit. 
“At TikTok, we are committed to ensuring the online safety and well-being of our users, particularly children and youth,” he said.
“We believe that this summit marks an important step toward creating a safer online environment in Pakistan … We’re dedicated to promoting digital literacy and online safety through our initiatives, and we look forward to continuing our collaboration with the PTA to achieve this goal.”
In August, the Pakistan Business Council (PBC) warned that frequent Internet disruptions and low speeds caused by poor implementation of the national firewall had led many multinational companies to consider relocating their offices out of Pakistan, with some having “already done so.” The Pakistan Software Houses Association (P@SHA), the country’s top representative body for the IT sector, warned this week Internet slowdowns and the restriction of VPN services could lead to financial losses and closures and increase operational costs for the industry by up to $150 million annually.
Pakistan’s IT and ITeS exports have been growing at an average of 30 percent per year, and are on the way to achieve over $15 billion in the next 5 years, according to industry data, provided the government ensures continuity in export, fiscal, financial, SME, infrastructure and IT policies.
“If the VPNs are blocked, most of IT companies, Call Centers, BPO [business process outsourcing] organizations of Pakistan will lose all the major Fortune 500 clients, as well as others – as data protection and cybersecurity are of paramount importance to our clients, and connecting to client systems through VPN is a global norm and standard, and is a basic requirement and expectation of clients around the world,” P@SHA Chairman Sajjad Mustafa Syed said in a statement released on Tuesday.
“Additionally, no international company of any size tolerates any intrusion into their security protocols by any private or public institution.”


Pakistan consults UN agency to shape National Intellectual Property Strategy

Updated 22 November 2024
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Pakistan consults UN agency to shape National Intellectual Property Strategy

  • Intellectual Property Organization of Pakistan emphasizes ‘culture of innovation and creativity’
  • Consultations focus on challenges, recommendations, impact of intellectual property policies

ISLAMABAD: Pakistan has held consultation sessions with a United Nations agency to develop the country’s National Intellectual Property Strategy (NIPS), state-run media reported on Thursday.
A NIPS is a comprehensive framework designed to promote and protect intellectual property rights, drive innovation and foster economic growth.
The two-day consultation sessions, which included panel discussions on challenges, recommendations and the impact of various strategies on Pakistan’s geo-economic landscape, were organized by the Intellectual Property Organization of Pakistan (IPO-Pakistan) in collaboration with the World Intellectual Property Organization (WIPO), a specialized UN agency.
“IPO-Pakistan in collaboration with WIPO successfully concluded its two-day consultative sessions for the development of Pakistan’s National Intellectual Property Strategy,” Radio Pakistan reported.
IPO-Pakistan Chairman Farukh Amil emphasized the need to cultivate a “culture of innovation, creativity and respect for intellectual property rights.”
He underscored the importance of integrating intellectual property education into industries and academia, stressing that awareness among youth and students was key to promoting innovation and creativity.
Amil also thanked WIPO for its partnership and expertise in shaping Pakistan’s National IP Strategy.
“The consultative sessions featured insightful panel discussions on three key areas: Summary of Main Challenges and Recommendations for National Intellectual Property Strategy (NIPS), Impact of IP Strategies on Pakistan’s Geo-Economic Situation, and Way Forward for National IP Strategy Development,” state media reported.
Established in 1967, WIPO plays a pivotal role in shaping global intellectual property policies while promoting innovation, creativity and economic development worldwide.
IPO-Pakistan, launched in April 2005, serves as Pakistan’s leading institution for intellectual property protection and promotion.
By streamlining intellectual property management, it contributes to the country’s economic growth and development, supporting innovators, entrepreneurs and artists to position Pakistan as a responsible member of the global intellectual property community.


Pakistan court directs government to engage with Imran Khan’s party over Nov. 24 protest

Updated 21 November 2024
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Pakistan court directs government to engage with Imran Khan’s party over Nov. 24 protest

  • Islamabad High Court says law and order remains government’s priority if there is no breakthrough
  • Chief Justice Aamer Farooq hopes PTI will have ‘meaningful communication’ with the administration

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the government to form a committee to engage in talks with Pakistan Tehreek-e-Insaf (PTI) leadership regarding the party’s planned protest in Islamabad on Nov. 24, emphasizing the need to avoid disruptions during the visit of the Belarusian president.
IHC Chief Justice Aamer Farooq issued the directive while hearing a petition by local trade association, instructing the government to constitute the committee that is preferably headed by Interior Minister Mohsin Naqvi, with Islamabad Chief Commissioner Muhammad Ali Randhawa and other officials.
The committee is tasked with negotiating with PTI leaders to address the “sensitivity over the weekend due to the movement of the President of a foreign country.”
“It would be appropriate that respondent No. 1 (government) constitute the committee ... to engage with the leadership of respondent No. 5 (PTI party), informing them of the sensitivity over the weekend,” said the court.
“In case no breakthrough is made, the law and order is the responsibility of respondents No. 1,” it continued, adding: “In this regard, no protest or rally or for that matter sit-in shall be allowed.”
Chief Justice Farooq urged the government to maintain law and order in Islamabad with “minimum disruption to the life of ordinary citizens,” expressing hope that PTI would “engage in meaningful communication” with the committee.
The court also directed a report on the matter to be submitted at the next hearing, scheduled for Nov. 27.
The directive followed a petition filed by Jinnah Super Traders Association (JSTA) President Asad Aziz, who sought the court’s intervention to prevent the PTI protest, citing disruptions to daily life and financial losses for the business community.
“Islamabad is a very expensive city with high property and rent prices,” Aziz told Arab News. “If your business is shut on top business days, how can these businessmen survive?“
He highlighted the financial strain caused by protests, particularly for shopkeepers in areas like Super Market, Jinnah Super Market and Blue Area.
Aziz claimed that 20 percent of shopkeepers had shut their businesses in recent months due to recurring disruptions caused by political demonstrations.
Protests in Islamabad have frequently caused disruptions to their lives of it residents. In September, a similar PTI demonstration led the government to lock down the city with containers, creating significant inconvenience for people and business owners.
Earlier this year, Pakistan’s parliament passed a law regulating public gatherings in Islamabad, specifying timings for rallies and designating specific areas. The law prescribes three-year jail terms for participants in illegal assemblies and 10-year imprisonment for repeat offenders.
Pakistan’s interior ministry has already approved the deployment of paramilitary forces in Islamabad to manage the anticipated law and order situation during the protests.
The security situation has also become a paramount concern due to Belarusian President Aleksandr Lukashenko’s three-day visit to Islamabad starting Monday, during which several investment deals and memorandums of understanding are expected to be signed between the two countries.